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Home My WebLink About2005 01 24 Public Hearings 404 Comprehensive Plan Amendment (Ordinance 2004-38), FLUM ICI Homes COMMISSION AGENDA ITEM 404 Consent Information Public Hearin Re ular x January 24. 2005 Meeting MGR. (L. IDEPT Authorization REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing for Second Reading and Adoption of a Large Scale Comprehensive Plan Amendment (Ordinance 2004-38) changing the Future Land Use Map designation from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas) for the forty (40) acres, more or less, located on east S.R. 434, immediately across from Creeks Run Way. PURPOSE: ICI Homes has initiated the request for a Large Scale Future Land Use Map Amendment, changing the Future Land Use Map designation for the 40-acre, more or less, parcel located on East S.R. 434, so that the existing vacant property can be developed into a mixed development of office and residential condominiums. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required. . . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority. purpose and intent; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: @ January 24, 2005 Public Hearing Item 404 Page 2 of 14 CHRONOLOGY: Aug. 16, 1999- Adoption of Comprehensive Plan text and maps, creating the Greeneway Interchange Future Land Use designation; and changing the subject property from the previous future land use designation of "Commercial" and "Conservation" . Sep. 16,2004- Adjacent property owners within 150' notified by Certified Mail Sep. 23, 2004- Public Noticing in Orlando Sentinel of LP A Public Hearing Oct. 6,2004- P & Z (LPA) recommended approval of Ordinance 2004-38. Oct. 14,2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing Oct. 25, 2004- Transmittal Hearing lIst Reading of Ordinance 2004-38 Nov. 1, 2004- Transmittal to DCA and other agencies Jan. 7,2005- DCA indicates no objection to the Amendment Jan. 13,2005- Public Noticing in Orlando Sentinel of Transmittal Public Hearing Jan. 24, 2005- 2nd Reading of Ordinance 2004-38 CONSIDERATIONS: Applicant - ICI Homes (Charlie 0 'Sullivan), 3400 W. Osceola Pkwy. Kissimmee, Florida 34741 Location - Generally along East S.R. 434 on the western edge of the Greeneway Interchange District. Site Information - The 40-acre (more or less) parcel currently has a "Greeneway Interchange" future land use. The applicant is requesting consideration for a future land use change to "Mixed Use". PARCEL Property Address: Property Owner: Applicant Address: No Physical Address Schrimsher Land Fund II, Ltd. ICI Homes, Charlie O'Sullivan 3400 W. Osceola Pkwy. Kissimmee, FL 34741 31-20-31-5BB-0000-0 190 40 acres, more or less. LEG W 1080 FT OF LOTS 14 + 21 N OF ROAD SEC 5- 21-31 PHILLIP R YONGE GRANT PB I PG 36 "GlD- Greeneway Interchange District" Greeneway Interchange Mixed Use and "Conservation" (on those affected areas) Property Appraiser Parcel LD.: Property Acreage: Property Legal Description: Existing Zoning: Current Future Land Use: Proposed Future Land Use: Chronologv of Subiect Property - The Greeneway Interchange Future Land Use designation was adopted on August 16, 1999. The subject parcel was included in the designation, although there was lengthy discussion as to whether this parcel should be included. The parcel previously had a "Commercial" and "Conservation" designation. Existing Land Uses -The property is undeveloped. It is currently used for pasture land. Adjacent existing land uses, zoning and PLUM designations include the following: Page 2 January 24, 2005 Public Hearing Item 404 Page 3 of 14 North "Greeneway Interchange District" WS Undeveloped "Greeneway Interchange __._J?i~!!:i-,?fI~~~l High Density Residential "PUD~ Planned U .~___Q~Y.:.'.'_{}y~L Planned Unit Development "PUD- Planned Dev." (WS) Greeneway Interchange an Conservation Overla S Greeneway Interchange an Conservation Overlay (WS Southeast Commercial (WS) South Medium Density Residenti (WS) East Undeveloped "Greeneway Interchange -_~'!?j~!!:i_~('.(~~l "C-I Neighborho Commercial" (W Greeneway Interchange an "Conservation" (WS) West Conservation Conservation and Conservati Overlay (WS) (WS) Winter Springs Development Trends - This parcel along with the adjacent parcels north of S.R.434 are currently undeveloped. The land immediately to the west, although zoned as "C-l" is designated as a conservation area. The 3200-acre Tuskawilla PUD to the south of S.R. 434 was annexed into the City in 1972. There has been no development within the Greeneway Interchange District since its establishment in 1999. However, once developed, the Greeneway Interchange densities and intensities are anticipated to be higher than in outlying areas. Proposed Future Land Use Classification - The proposed change in the future land use map designation from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas) will not jeopardize the integrity of the district and will allow this parcel to develop as a transition to the Greeneway Interchange. The proposed "Mixed Use" classification will support the goals of the Greeneway Interchange to provide employment opportunities and an increased tax base, while allowing a residential component to the development. Letters/Phone Calls In Favor Or Opposition - None as of September 15, 2004. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Deshmation - The requested future land use map designation was determined by evaluating the prevailing character of the immediate area, as well as evaluating the land use and the future goals and objectives of the City. The densities and intensities allowable under "Mixed Use" are the same as those afforded by "Greeneway Interchange" land use criteria. Page 3 January 24, 2005 Public Hearing Item 404 Page 4 of 14 Public Facilities: ROADS/TRAFFIC CIRCULATION (REVISED): State Road 434 was fairly recently widened to four lanes and has easy access to the S.R. 417 beltway and S.R. 17-92. Traffic Impact: Total proposed residential units = 480 Trip Generation Rate = per category #230 Residential Condo Town homes = 5.86 ADT/Unit = .54 trips/ unit for PM peak hours Anticipated ADT = 2,812.8 PM Peak = 259.2 Trips Anticipated Traffic Distribution: 50% Eastbound, and 50% Westbound Traffic Impact: Total SF = 80,000 SF = 400 employees Trip Generation Rate = per category # 710 General Office AM Peak = 400 employees x .71 = 284 Trips PM Peak = 400 employees x .71 = 284 Trips Anticipated Traffic Distribution: 50% Eastbound, 50% Westbound Because the development will generate more than 300 daily trips, a traffic study will be required during development review of the project. Availability of Access: The site has direct access from SR 434. Access to SR 417/Greeneway is less than a mile to the east. Connectivity to future development to the east (into the Greeneway Interchange District) will be preserved for vehicular and pedestrian circulation. Function Classification: SR 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within the City of Winter Springs, S.R. 434 is a four-lane east-west divided roadway. The level of service (LOS) is 'B' from Tuskawilla Road to the Greeneway. POTABLE WATER: Facilities serving the parcels: None currently The subject parcel will connect to a water main, west of the property. Service lines will be required to meet City of Winter Springs standards. Residential Water Demand Estimate = 480 units (proposed) x 350 GPD = 168000 GPD Office Water Demand Estimate = 80,000 SF (proposed) x .10 gallon per SF = 8000 GPD W ASTEW A TER Facilities serving the parcels: None currently The subject parcel will connect to City sewer service, west of the property. Service lines will be required to meet City of Winter Springs standards. Residential Sewer Demand Estimate = 480 units (proposed) x 300 GPD = 144,000 GPD Office Sewer Demand Estimate = 80,000 SF (proposed) x .10 gallon per SF = 8,000 GPD Page 4 January 24, 2005 Public Hearing Item 404 Page 5 of 14 RECLAIMED WATER: Facilities serving the parcels: None currently. ELECTRIC SERVICE: Facilities serving the parcels: None currently. The City of Winter Springs is serviced by Progress Energy for electric service. Progress Energy will provide service to this area, with no interruption of service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the parcels: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Services of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMW ATER MANAGEMENT: Facilities serving the parcels: None currently. The stormwater management system will meet St. John's River Water Management District, F.D.O.T., and City of Winter Springs' requirements. Stormwater runoffwill be collected via street inlets and directed to the proposed stormwater pond from which it can be discharged through an outfall structures as required. A 36" RCP line runs along State Road 434 on the south side. Smaller 18" RCP lines extend across State Road 434. PUBLIC AMENITIES, RECREATION & OPEN SPACE: The City will require the applicant to provide "public amenities with area wide benefits" as indicated by the goals of the mixed use classification in the Comprehensive Plan. For example, buildings may be configured to create an urban plaza. The City of Winter Springs will be in discussion with the applicant as to what is most appropriate. The applicant is currently indicating that 1.5 acres ofland will be designated for park and recreational amenities. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject area is located at 300 N. Moss Road. Response times are averaged monthly. Normal and Emergency Response Times for this area during the month of August were 4.5 and 1.2 minutes, respectively. FIRE: The City of Winter Springs is responsible for fire protection. City Hall currently houses a fire station with a response time of 3- 4 minutes to this area. Nuisance Potential Of Proposed Use To Surrounding Land Uses- The change in designation from "Greeneway Interchange" to "Mixed Use" will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the "Greeneway Interchange" uses, and the subject property is surrounded primarily by vacant land. Page 5 January 24, 2005 Public Hearing Item 404 Page 6 of 14 Natural Resources Compatibility- The subject property includes a conservation area on the northwest portion of the site. Because the subject property is within the conservation overlay, an environmental impact study will be required during development review to determine exact boundaries of conservation areas. The conservation area indicated on the northwest portion of the site is in keeping with one of the primary objectives of the "Mixed Use" classification, which is to include a conservation component within the development. The applicant has indicated that a minimum of30% of the site will be set aside for open space (conservation). The delineation of this area will be finalized during the development review process. SOILS The parcel consists primarily of Myakka and EauGallie fine sands. These soils are characterized by severe restrictions for wetness. They are nearly level, and poorly drained. Other dominant soils within the surrounding area are St. Johns and Basinger. These soils are also characterized by severe restrictions for wetness. Smyrna soils are characterized by , severe restrictions due to ponding, and are located in the conservation overlay area of the site. FLOOD PRONE AREAS The northwest portion of the property area is located within Flood Zone AE, with a base flood elevation of 10. This portion ofthe site will be placed into a conservation easement. HISTORIC RESOURCES None. WILDLIFE The conservation overlay area indicates that the site may potentially contain protected wildlife habitat areas, in addition to hydraulic soils/ wetlands and special vegetative communities. These areas will be carefully reviewed during the development review process to determine if there are any habitat areas to be protected or mitigated. CONSISTENCY WITH THE COMPREHENSIVE PLAN Future Land Use Element The location of the Greeneway Interchange area is "to be in close proximity to the Central Florida Greeneway (State Road 417)" (FLUE Objective 3.1). The subject area is on the outlying western perimeter of the Greeneway Interchange District, sufficiently removed from the primary area of concentration. Therefore, the proposed Future Land Use change from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas) will not undermine the objectives of the Greeneway as defined in the Comprehensive Plan. The Greeneway Interchange District is intended to have "higher intensity uses along major roadways and intersections to reduce development pressures in other areas, thereby minimizing the road congestion and community compatibility impacts" (FLUE pg. 1-5 (#3)). This intent will be maintained within the "Mixed Use" classification, as the office and high density residential development will foster shorter commutes, easing traffic burdens and helping to contain sprawl. Page 6 January 24, 2005 Public Hearing Item 404 Page 7 of 14 The location of the subject site (with direct access to S.R.434 and in close proximity to S.R. 417/Greeneway) complies with FLUE Policy 1.6.5 which states, "Land uses that generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems". Further, FLUE Objective 4.1 states "The Mixed Use category shall be located proximate to major transportation corridors. . ." The property is in compliance with FLUE Policies 4.2.1 and 4.2.2, meeting the minimum acreage requirement often acres, as well as proposing no more than seventy-five (75) percent of the site for residential use. The site is illustrated in the Comprehensive Plan as having a Conservation Overlay. The preliminary concept plan submitted by the applicant illustrates a conservation area on the northwest corner of the parcel. An Environmental Impact Study will be required to identify the extent of conservation area and the impact of development (FLUE Policy 1.1.7.). This study will be undertaken by a qualified professional at the expense of the developer, and will depict the exact boundaries of the conservation area. Results will be analyzed by staff during the development review. The City will require a Master Plan Development Agreement, and Planned Unit Development zoning to ensure that tracts of land are developed as a whole throughout the "Mixed Use" category in accordance with FLUE policy 4.2.3. Transportation Element "The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element to enhance the feasibility of transit and promote alternative transportation modes" (TE Policy 1.5.7). The "Mixed Use" classification will foster an environment of connectivity. Plans for development will comply with parking concerns, access to transit centers, and designated routes for both pedestrian and bicycle circulation. A transit bus stop will be required to be incorporated into the development to accommodate the 480 proposed residential units, and will be well connected to the pedestrian circulation system. Additionally, the applicant is proposing 80,000 SF of commercial office space. All development will need to be in accordance with the maximum twelve (12) dwelling units per gross acre, and the 1.0 Floor Area Ratio allowable by Comprehensive Plan specifications for the "Mixed Use" classification. As per the Comprehensive Plan (TE pg. II-10), the most important factors in encouraging transit use are mixed land uses and an urban form. Connectivity to future development to the east will be preserved. Although 75% of the adjacent undeveloped land is within a conservation overlay area, the Mixed Use development will act as a transition to the higher intensity future uses. Conservation Element The same criteria apply for both the "Greeneway Interchange" and the "Mixed Use" classifications. Page 7 January 24, 2005 Public Hearing Item 404 Page 8 of 14 FINDINGS: (1) The proposed amendment will have a favorable effect on the city's budget; (2) The proposed amendment will not diminish the level of service (LOS) of public facilities; (3) There will not be an unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) The proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (5) Will not unduly burden public facilities. The city is able to provide adequate service from public facilities to the affected property. (6) The amendment is compatible with the surrounding neighborhoods and land use; (7) The amendment will not cause the comprehensive plan to be internally inconsistent; (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The amendment is compatible with the contents of the City's Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. P & Z I LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board/ Local Planning Agency on Oct. 6, 2004, the Board held a Public Hearing and recommended "Approval" to the Commission STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-38, a Large Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of the forty (40) acre (more or less) property along East S.R. 434, from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas). ATTACHMENTS: A- ORC Report B- Excerpt from Approved P & Z I LP A Minutes C- Future Land Use Map, September 2004 D- Ordinance 2004-38 with Exhibit A (Map & Legal Description) COMMISSION ACTION: Page 8 January 24, 2005 Public Hearing Item 404 Page 9 of 14 ATTACHMENT A ORC Report STAn:: OF FlORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better pf8ce to call home" Jell BUSH Governor THMDEUS L. COHEN. AlA SCC((lloary January 7.2005 The Honorable John F. Bush Mayor, City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 Dear Mayor Bush: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Winter Springs (05-1), which was received on November 4, 2004. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for review and their comments are enclosed. The Department has reviewed the proposed a.mendment for consistency with Rule 9J-5. Florida Adminislf'4tive Code (F.A.C.), Chapter 163, Part II, Florida Statutes (F.S.), and the adopted City of Winter Springs Comprehensive Illan. The Department raises no obieetion to the proposed amendment. and this letter serves as the Depm1ment's Objections, RecommendatiolJs and Comments Report. Tn order (0 expedite the regional planning council's review of the amendments. ami pursuant to Rule 9J- 11.011 (5). F.A.C., please provide a copy of the adopted muendmcnl directly to the Executive Director of the East Central Florida Regional Planning Council (ECFRPC). Please contact Marina Pennington, Regional Planning Administrator. at (850) 922-1809, if we can be of fUl1hcr assistance. Sincerely yours, ~. Charles Gauthier, ATCP Chief of Comprehensive Planning CG/jw Enclosures: Review of Agency Comments cc: 1\'ls. Sandra Glenn, Executive Director, ECFRPC IvIs. Eloise Sahlstrom, Alep. ;\SLA, Senior Planner, Winter Springs 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE. FLORIDA 32399-2100 Phone: 850 488 8466/Suncom 278 8466 FAX 850.921.0781iSuncom 2910781 I n lorn!) t add ress: !1JI.JULY!LW.W,.Qgi!. tiUUg.ll&,'. CRlTtCAL 51 AlE' CONCERN F1ELD OFFICE '2i~ ()vef!iM~ Hit}hN,W. S:.Jlie 21? ,.br{i;lhM, H j.:Y)~.;:>:;):a \3(6) 2$9:2402 COMMUNliY PLANNING ;tl55 Srn,om3r<1 Oa.. BO:jfe;,;iVO T"li"hi.\~'tp.e. ~! 32.1'3~-11On (eso~ 48-!3.lJ.$f EMtiROENC'( MANAGEMENT ,55!) Sh\JIT),1W Oa~ tk-'JI(;'YM(j l<il:;'\M~M4. rl ~2}!!9-2 100 {9!,iO).f13,m-') HOUSING" COMMUNlry DEVELOPMENT 2555 $hl,!rt\)(\1 O,1io; (1buleY.llj T31Ii)biH.H1'-e. It. JZJ%-21(() {8,sf.\j.t-gi,l,.l9!:.6 Page 9 January 24, 2005 Public Hearing Item 404 Page 10 of 14 ATTACHMENT B Excerpt from Approved P & Z I LP A Minutes CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 6, 2004 PUBLIC HEARINGS Community Development Department - Planning Division A. Requests That The Local Planning Agency Hold A Public Hearing To Consider A Large Scale Comprehensive Plan Amendment (Ordinance 2004-38) Changing The Future Land Use Map Designation From "Greeneway Interchange" To "Mixed Use" And "Conservation Overlay" (On Those Affected Areas) For The Forty (40) Acres, More Or Less, Located On East State Road 434, Immediately Across From Creeks Run Way. Chairperson Krebs opened the "Public Input" portion of this Agenda Item. Mr. Hugh Harling, Jr., P.E., Harling Locklin & Associates, Inc., 850 Courtland Street, Orlando, Florida: briefly addressed the Board regarding this "Mixed Use" project for Development. Discussion. There was no other "Public Input. " "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE FIRST READING OF TRANSMITTAL HEARING ADOPTION ORDINANCE 2004-38 LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE IN THE FUTURE LAND USE MAP DESIGNATION OF THE 41 ACRE MORE OR LESS PROPERTY ALONG EAST S.R. [STATE ROAD] 434 FROM 'GREENEW A Y INTERCHANGE' TO 'MIXED USE' AND 'CONSERVATION OVERLAY' ON THE AFFECTED AREAS. AND ALSO, PART OF Page 10 January 24, 2005 Public Hearing Item 404 Page 11 of 14 ATTACHMENT A Excerpt from Approved P & Z I LP A Minutes MY MOTION, I'D LIKE TO HAVE - TAKE IN CONSIDERATION THE TRAFFIC SITUATION - ON - [STATE ROAD] 434." VICE CHAIRPERSON KARR SAID, "AND SCHOOLS." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER POE. BOARD MEMBER BROWN ANSWERED, "YES." DISCUSSION. With discussion on schools, Board Member Brown said, "John [Baker, Senior Planner], her point about schools - we don't control the schools - the City, it's the County School Board. So, you're going - have to - take her part of it." Mr. Baker responded, "Alright." Board Member Brown added, "That we do have a concern. " VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Chairperson Krebs stated, "To your point Mr. Brown, I'll take that to the Commission. The traffic and the schools. Heard and noted, and I'll bring it in December." Mr. Baker stated, "We have out in the Lobby area for each one of the 'Public Hearings' tonight, a sign-in sheet for anyone who wants to get comments from the State Department of Community Affairs on that Comprehensive Plan Amendment. " Page 11 January 24, 2005 Public Hearing Item 404 Page 12 of 14 ATTACHMENT C Future Land Use Map, September 2004 LAND USE CLASSIFICATION LEGEND Rural Residential (' ro!_Of~ Industrial Low DM$lty . Residnial Mixed Use j,. , 00 b s., [l,,1 ,,,,,...) Medium DensIty Resldontlal (3.6 ro b t.' tu " .-.,,,,:, High OQn$lty ROsidential "",OUb :'.0 [l,,1 ,_) D Town Centor District II ComfnQrdal ~ COnlservatlon ~ OVGrlay Rocl'Q8tlon Consorvallon II Public i Somi.Public Gr"llGwoy lntt.rchango Page 12 January 24, 2005 Public Hearing Item 404 Page 13 of 14 ATTACHMENT D Ordinance 2004-38 with Exhibit A Page 13 ORDINANCE NO. 2004-38 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CPA-05-2, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS ONE (1) PARCEL OF LAND, CONTAINING 40 ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM "GREENEW A Y INTERCHANGE" TO "MIXED USE" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and City of Winter Springs Ordinance No. 2004-38 Page 1 of 3 WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-05-2) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt the large scale comprehensive plan amendment (LS-CPA-05-2) designating the subject property from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas). Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property, depicted on Exhibit "A" as "Greeneway Interchange," to "Mixed Use" and "Conservation Overlay" (on those affected areas). Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted comprehensive plan amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-l1, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the City of Winter Springs Ordinance No. 2004-38 Page 2 of 3 remaining portions of this Ordinance. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment m~y be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective ~y adoption of a resolution affirming its effective status. After and from the effective date of th~amendment, the comprehensive plan amendment set forth herein shall amend the City 9f Winter Springs' Comprehensive Plan and become a part of that plan and the amendment shalYhave the legal status of the City of Winter Springs' Comprehensive Plan, as amended. / ADOPTED by the City Commission of the City of Winter/'~gs, Florida, in a regular meeting assembled on the _ day of , 2004. / ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency f the City of Winter Springs only: Anthony A. Garganese, City Attor ey First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2004-38 Page 3 of 3 January 24, 2005 Public Hearing Item 404 Page 14 of 14 Ordinance 2004.38 EXHIBIT 'A' LOCATION MAP ,..,...~.~-,_.._". Subject Site LEGAL DESCRIPTION LEG W 1080 FT OF LOTS 14 +21 N OF ROAD SEe 5-21-31 PHILLIP R YONGE GRANT PB 1 PG 36 Page 14 ORDINANCE NO. 2004-38 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CP A-05-2, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS ONE (1) PARCEL OF LAND, CONTAINING 40 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG EAST STATE ROAD 434, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM "GREENEW AY INTERCHANGE" TO "MIXED USE" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. . WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established in Chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and City of Winter Springs Ordinance No. 2004-38 Page 1 of 3 WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CP A-05-2) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt the large scale comprehensive plan amendment (LS-CP A-05-2) designating the subject property from "Greeneway Interchange" to "Mixed Use" and "Conservation Overlay" (on those affected areas). Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property, depicted on Exhibit" A" as "Greeneway Interchange," to "Mixed Use" and "Conservation Overlay" (on those affected areas). Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted comprehensive plan amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-l1, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the City of Winter Springs Ordinance No. 2004-38 Page 2 of 3 rpm::linina nnrtinm: nfthi<:: nf(iin~n('p - ----------~o r ~.... ~~...... --~ ~.... "'................ -.... -............-........- -. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this amendment, the comprehensive plan amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the amendment shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 24th day of January ,2005. '*'~ ganese, City Attorney First Reading: October 25, 2004 Second Reading: January 24, 2005 Effective Date: See Section 8. City of Winter Springs Ordinance No. 2004-38 Page 3 of 3 EXHIBIT 'A' LOCATION MAP i I Subject 1 Site y I <D LEGAL DESCRIPTION lEG W 1080 FT OF lOTS 14 +21 N OF ROAD SEe 5-21-31 PHilLIP R YONGE GRANT PB 1 PG 36 PARCEL ID # ACREAGE 31-20-31-588-0000-0190 T." ,,"TTT-n T"., " .. .. .c.,An.n.. --}\," Ordinance #2004-38 OWNER NAME PROPERTY ADDRESS 41 Acres Schrimsher Land Fund III E SR 434 LTD 41 Acres TOTAL ACREAGE